Kevalchand Ramchand Choudhari vs The State Of Mah & Ors
2016 Latest Caselaw 7248 Bom

                                                                     WP 1245/05  
      
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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                        
                         BENCH AT AURANGABAD               

        WRIT PETITION NO.1245/2005




                                                
    Kevalchand S/o Ramchand Chaudhari,
    Age 35 years,Occ.:Service,
    R/o C/o Narayanrao Mote,




                                               
    Ghayal Nagar, Kacheri Road,
    In front of Town Hall,Jalna,
    District Jalna.
                            
                                ...Petitioner..




                                       
                Versus

    1] The State of Maharashtra
    through Director of Education,
                                  
    (Secondary), Pune-1.
                                 
    2] The Education Officer,
    Secondary, Zilla Parishad,
    Jalna.
      


    3] Shri Jalna Gujrathi Samaj Sanstha,
   



    Mutha Building, Jalna,
    Through its Secretary.

    4] C.T.M.K. Gujrati Vidyalaya,





    Mutha Building, Jalna,
    Through its Head Master. 
                             ...Respondents... 
                                                          
                              .....
    Smt.A.N.Ansari, Advocate for petitioner.





    Ms.S.S.Raut, AGP for Respondent No.1.
    None appeared for Respondent Nos.3 & 4.         
                              .....
      
                                CORAM: S.V. GANGAPURWALA &
                                        K.L. WADANE, JJ. 

DATE: 15.12.2016

ORAL JUDGMENT (Per S.V. Gangapurwala, J.) :

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1] Smt.A.N. Ansari, learned counsel for the petitioner

submits that the petitioner was appointed as a part time

Librarian on 1.8.1998. As per the Government resolution

of the year 1994, if the strength of students is above

1000, one post of full time Librarian is made admissible.

The strength of the students was above 1000 and as such

the petitioner was given approval as a full time

Librarian on 1.2.2004. Subsequently, on 8.2.2004, the

said approval was abruptly canceled. The learned counsel

submits that the said order is without notice to the

petitioner and without hearing the petitioner. The

learned counsel submits that when the petitioner is

entitled for the post of full time Librarian with effect

from the date when the strength of students has crossed

1000, the impugned order canceling the approval already

granted is illegal.

2] The learned AGP submits that the policy decision was

taken by the Government resolution dated 26.3.2002 not to

permit additional post after 2002-03 so as to reduce the

financial burden. The permission granted by the

respondents was not as per the Government policy and,

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therefore, the approval granted was withdrawn on

8.12.2004.

3] As per the Government resolution dated 28.6.1994,

the post of part time Librarian is to be upgraded as full

time Librarian in case the number of students exceed

1000. As the number of students had increased, the

proposal was submitted by the institution seeking

approval to the appointment of th petitioner as a full

time Librarian with effect from 1.9.2004. The same was

granted on 19.11.2014, however, abruptly vide the

impugned order, it is canceled.

4] It is not disputed anywhere in the affidavit in

reply field by the respondents that the strength of the

students of the institution had risen above 1000. It is

also a fact that the approval was granted to the

petitioner as a full time Librarian, however, the same

was abruptly withdrawn without notice to the petitioner

and without hearing the petitioner. We have also

considered this aspect while passing the order in Writ

Petition No.7779/2012. Even this Court at Nagpur in Writ

Petition No.6630/2013 with connected writ petitions under

order dated 28.1.2015 has given the similar benefit.

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5] Considering the above, the impugned order rejecting

approval granted to the petitioner as full time Librarian

is quashed and set aside. Further consequential benefits

pursuant thereto be awarded to the petitioner. Rule is

accordingly made absolute in above terms. No costs.

(K.L. WADANE, J.) ig (S.V. GANGAPURWALA, J.)

ndk/c15121615.doc